Can they put a lien on my house for credit card debt?

by mitch

Can credit card companies put a lien on my and my wife's house for my charge offs?

Reply from

Mitch -

We aren't attorneys and can't offer you legal advice, but we can point out a few things that may help you as you are dealing with this debt collection problem:

1. A credit card is an unsecured debt. That typically means that there is no collateral, and there is typically nothing you own that a credit card company can go after unless you are sued and the creditor or collector gets a judgment against you. Before that happens, you should be notified of the lawsuit and have the opportunity to respond.

We suggest you read our information about how to handle being sued by a debt collector.

2. If the creditor or collection agency does successfully sue you and obtains a judgment, then it will try to collect that money from you. How they can do that depends on state law. In some states they can garnish wages, attach money in bank accounts, or go after other property. However, in all states, certain types of property is exempt, or safe from creditors. For example, in some states, like Florida or Texas, equity in your primary residence may be exempt.

If a third party debt collector is threatening to put a lien on your home, and there is no outstanding judgment against you, then we recommend you set up a free consultation with a consumer law attorney as soon as possible. The collectors threats may be illegal.

If there is a judgment against you and you can't pay it, we suggest you consider talking with a bankruptcy attorney who can explain what the judgement creditor can and cannot go after to collect the judgment. Since it sounds like you have multiple credit cards that have been charged off, talking with a bankruptcy attorney sounds like it would be a good next step for you anyway.

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Jan 09, 2015
Short Fall balance on foreclosure
by: Anonymous

I had an investment property that was foreclosed with a $117k negative balance, can the collections agency placed lrin on a primary residence in order to collect ?
Thanks for any information.

Reply from

It depends on what property is exempt (or "safe") from creditors. Please read: Exemptions--what can I keep?

Given the amount of money involved it would be wise for you to talk with a bankruptcy attorney to find out what they can and cannot do to collect from you.

Mar 26, 2015
Charge off
by: Anonymous

We do have a credit card tax lien on our home. They have recently charged off the loan. Are we still responsible for this? If so, how do we get it removed?

Reply from

We're not sure what a credit card tax lien is. But generally just because a debt is charged off that doesn't mean it is no longer owed, or that it can no longer be reported.

Sep 25, 2015
credit card debt
by: Anonymous

My cc debt is in Missouri. Can they take money out of my checking if it's been past the 5 year limit on open credit?

Reply from

Is there a judgment against you? Creditors (at least when it comes to credit card debt) generally can't go after your bank account unless they have a judgment. If they do, however, they usually have a longer time period to collect since judgments have their own statutes of limitations.

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